B-166223, APR. 15, 1969

B-166223: Apr 15, 1969

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POSTMASTER GENERAL: REFERENCE IS MADE TO LETTER OF FEBRUARY 14. WAS ABLE TO WORK HIS REGULAR FULL TOUR OF DUTY AS A POSTAL EMPLOYEE FROM 2 P.M. OTHER DECISIONS OF THIS OFFICE HAVE NOT DISTINGUISHED BETWEEN PART-TIME AND FULL-TIME EMPLOYEES WITH RESPECT TO RETENTION OF JURY FEES FOR SERVICE IN FEDERAL COURTS. GEN. 378 RESPECTING PART-TIME EMPLOYEES WAS SPECIFICALLY APPLIED TO FULL- TIME EMPLOYEES . 1965) NO DISTINCTION WAS MADE BETWEEN FULL-TIME AND PART-TIME EMPLOYEES IN APPLYING THE DECISION OF 27 COMP. WALKER WAS IN A NONPAY. HE IS ENTITLED TO PAYMENT OF JURY FEES.

B-166223, APR. 15, 1969

TO MR. POSTMASTER GENERAL:

REFERENCE IS MADE TO LETTER OF FEBRUARY 14, 1969, FROM THE DIRECTOR, EMPLOYEE BENEFITS AND SERVICES DIVISION, REQUESTING OUR OPINION ON WHETHER A FULL-TIME EMPLOYEE OF THE POST OFFICE DEPARTMENT MAY RETAIN JURY FEES FOR SERVICE AS A JUROR IN A COURT OF THE UNITED STATES DURING A PERIOD OF TIME NOT INCLUDED IN THE EMPLOYEE'S SCHEDULED SHIFT OF DUTY AFTER WHICH THE EMPLOYEE WORKED A FULL SHIFT. PAYMENT OF JURY FEES HAS BEEN DENIED BY THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS TO ROBERT L. WALKER, AN EMPLOYEE OF THE GUTHRIE, OKLAHOMA POST OFFICE WHO, ON MARCH 18, 1968, REPORTED FOR JURY DUTY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA, AND, BEING EXCUSED FOR THE BALANCE OF THE DAY BY THE COURT, WAS ABLE TO WORK HIS REGULAR FULL TOUR OF DUTY AS A POSTAL EMPLOYEE FROM 2 P.M. TO 11 P.M. THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS DENIED PAYMENT OF THE JURY FEE FOR MARCH 18 ON THE GROUND THAT OUR DECISION IN 36 COMP. GEN. 378 (B-129423) LIMITED PAYMENT OF JURY FEES TO EMPLOYEES OF THE GOVERNMENT SERVING ON JURIES IN COURTS OF THE UNITED STATES TO PART-TIME EMPLOYEES.

WHILE THE DECISION CITED BY THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS APPLIED, SPECIFICALLY, TO THE CASE OF PART-TIME EMPLOYEES SERVING ON JURIES WHILE IN NONPAY STATUS, OTHER DECISIONS OF THIS OFFICE HAVE NOT DISTINGUISHED BETWEEN PART-TIME AND FULL-TIME EMPLOYEES WITH RESPECT TO RETENTION OF JURY FEES FOR SERVICE IN FEDERAL COURTS. ON THE CONTRARY, IN 37 COMP. GEN. 695 (B-132027) BY DECISION TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, THE HOLDING OF 36 COMP. GEN. 378 RESPECTING PART-TIME EMPLOYEES WAS SPECIFICALLY APPLIED TO FULL- TIME EMPLOYEES . IN 45 COMP. GEN. 251 (B 70371, NOVEMBER 16, 1965) NO DISTINCTION WAS MADE BETWEEN FULL-TIME AND PART-TIME EMPLOYEES IN APPLYING THE DECISION OF 27 COMP. GEN. 293 ALLOWING RETENTION OF JURY FEES FOR SERVICE IN STATE COURTS ON NONWORKDAYS TO SIMILAR SERVICE IN COURTS OF THE UNITED STATES.

SINCE MR. WALKER WAS IN A NONPAY, NONDUTY STATUS AT THE TIME HE SERVED AS A JUROR IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ON MARCH 11, 1968, HE IS ENTITLED TO PAYMENT OF JURY FEES.